Thursday, December 26, 2019

Accounting for Compensation at a Company Essay - 806 Words

Re: Murray Compensation, Inc. Facts Murray Compensation, Inc. (Murray), an SEC registrant that provides payroll processing and benefit administration services to other companies, granted 100,000 â€Å"at-the-money† employee share options on January 1, 2006. The awards have a grant-date fair value of $6, vest at the end of the third year of service (cliff-vesting), and have an exercise price of $21. Subsequent to the awards being granted, the stock price has fallen significantly. On January 1, 2008, Murray decreased the exercise price on the stock options to $12. This downward adjustment to the exercise price was made in order to ensure that the options continue to provide intended motivation benefit to employees. However, in addition†¦show more content†¦The awards at issue in this case were issued after June 15, 2005 and therefore must be accounted for under the provisions of FAS 123(R). FAS 123(R) 5 states that an entity should recognize services received in a share based payment transaction when those services are received. 10 states that an entity shall account for compensation cost from share-based payment transactions with employees in accordance with the fair-value-based method. Under the fair-value-based method, the cost of services received from employees in exchange for awards of share-based compensation shall be measured based on the grant-date fair value of the equity instruments issued. A10-A17 discuss the acceptable methods of calculating fair value at the grant date. The grant-date fair value of the Murray options is $6. Following the guidance in Illustration 4(a), Share Options with Cliff Vesting, of FAS 123(R), compensation expense for the years ended December 31, 2006 2007 is $200,000 per year (calculation attached hereto). However, at issue is the calculation of compensation expense for the years subsequent to the change in exercise price and vesting period. FAS 123(R) 51 states that a modification of the terms or conditions of an equity award shall be treated as an exchange of the original award for a new award. 51 further states that in substance, the entity repurchases the original instrument by issuing a new instrument of equal or greater value,Show MoreRelatedMaking A Good Compensation Plan1288 Words   |  6 PagesIntroduction: Making a good compensation plan will motivate the managers. Bad compensation plan could influence the company’s development and damage the shareholders’ value (GordonKaswin, 2010,p2). The XXX Ltd want to design a compensation plan which can attract and retain the executives needed to achieve and its objective of establishing an industry-leading company with high operational performance and maintain shareholders’ value. The issues addressed in this compensation plan is how to protect shareholders’Read MoreTypes Of Compensation For Employees1453 Words   |  6 PagesTypes of Compensation Natalie A. Szczep August 15, 2015 Intermediate Accounting II Keiser University Abstract There are many different forms of compensation that employers pay to their workers. The accounting treatment of these various forms of pay are different depending on the type, frequency and amounts of compensation due. Each type of compensation also has different disclosures required, advantages and disadvantages based on the accounting rules. The following pages will takeRead MoreThe three types of Compensation and Benefits1189 Words   |  5 Pages The three types of Compensation and Benefits analyzed through this research are Shared Base Compensation dealing with stock option and restricted stock, Regular Base Compensation and Pension Plans. Laura Santos ACG4111/ Intermediate Accounting II February 2014 Compensation and Benefits comes in many different forms. The major goal for compensation and benefits is to reward employees for services provided by an individual for the benefit of the organizationRead MoreIn depth analysis of Financial Statements BP1143 Words   |  5 Pagesallocation of assets or company resources -ensures appropriate and timely disclose of material information with respect to the corporations business and affairs -specifically writes the ceo letter -must have a vision and provide leadership 2. Financial statements Financial reporting: presenting financial data of a company with respect to its operating performance, position and fund flows for an accounting period. It’s a set of documents prepared by firms at the end of their accounting period. ManyRead MoreBenefits Of Employee Compensation And Benefits1729 Words   |  7 PagesEmployee compensation and benefits provides many different alternatives for employers to reward and retain their employees both near and long term. It is standard set of programs that are designed to reward and motivate employees to perform at exceptional levels as well as retaining these good employees for many years. Employee compensation and benefits has been an ongoing discussion of the Financial Accounting Standards Board (FASB) for quite some time. One key area is not only to provide guidanceRead MoreCritical Review : Determination Of Accounting Standards1678 Words   |  7 PagesCritical Review Determination of Accounting Standards Ross L Watts Jerold L Zimmerman have put together this article on accounting standards and on the basis of moderately relative accounting theories and interpretations- tried exploring various factors that persuade business entities in lobbying on accounting standards. The size of the companies is also researched and concluded upon their approach towards certain accounting standards. The Data used in the article is derived from FASB’s discussionRead MoreStock Options1230 Words   |  5 Pagesemployees to purchase shares of their company’s stock at a â€Å"strike† price set by the company. The employee must exercise the right to purchase these options within a specified period of time also established by the company. Usually the strike or grant price is the market price of the stock at the time the option is granted. There is usually a minimum waiting period during which the employee must remain employed by the company before the individual may exercise the optio n, this period is also referred toRead MoreThe Xerox Corporation s History1633 Words   |  7 Pagesprofits from 1997 to 2000 by including future payments on existing products (Xerox). They were using various â€Å"topside accounting devices,† to manipulate their equipment revenues and earnings (KPMG). They would record leases of products to customers as sales in order to increase their revenue. The auditing firm used by Xerox was KPMG. KPMG is a global accounting and auditing company and is also recognized as part of the Big Four along with Deloitte, Ernst Young, and PricewaterhouseCoopers (wwwRead MoreMurray Compensation Essay875 Words   |  4 PagesRe: Murray Compensation, Inc. Facts Murray Compensation, Inc. (Murray), an SEC registrant that provides payroll processing and benefit administration services to other companies, granted 100,000 â€Å"at-the-money† employee share options on January 1, 2006. The awards have a grant-date fair value of $6, vest at the end of the third year of service (cliff-vesting), and have an exercise price of $21. Subsequent to the awards being granted, the stock price has fallen significantly. On January 1Read MoreEssay on Case Analysis 10-3 Kansas City Zephyrs Baseball Club, Inc.1727 Words   |  7 PagesI.Issues Why does net income not equal cash flows? Why do we need accrual accounting? (Why do not we fire all accountants and just publish summary bank statements) Why do the differences between owners’, players’, GAAP and truth number exist?(Can accounting numbers be neutral representations of what happened? What happens if a retired non-roster player (e.g. Joe Portocararo) returns to the active roster while continuing to earn the same money promised him in his guaranteed contract? Of what

Wednesday, December 18, 2019

Genetic Disorders and Down Syndrome Essay - 969 Words

A genetic disorder is a disease that is caused by an abnormality in an individuals DNA. Abnormalities can range from a small mutation in a single gene to the addition or subtraction of an entire chromosome or set of chromosomes† (Letsou). Most individuals are either related to or know someone who is effected by some type of disability. Many of these disabilities are caused by genetic disorders. Genetic disorders may alter physical appearance and cause mild to severe mental retardation. Fragile X syndrome, Down syndrome, Turners syndrome and many other syndromes result from a mutation of a chromosome, an extra chromosome, or too few chromosomes. Discovered in 1991, Fragile X syndrome is considered a fairly new genetic disorder. According†¦show more content†¦Unlike many other syndromes those affected by Fragile X are expected to have an average life span and have fewer health problems. Down syndrome, also known as trisomy 21, or trisomy G is one syndrome that has many characteristics. In 1866 â€Å"English doctor, John Langdon Down published a description of the condition† (Downs Syndrome Association). According to Genetics Home Reference, Down syndrome is a chromosomal condition that is associated with intellectual disability, a characteristic facial appearance, and weak muscle tone in infancy. Down syndrome is caused by an extra copy of the 21st chromosome. Unlike Fragile X syndrome, Down syndrome is most commonly detected by the appearance of the individual. Approximately 15% of people with Down syndrome â€Å"have an underactive thyroid gland. The thyroid gland is a butterfly-shaped organ in the lower n eck that produces hormones. Some of the problems these individuals may have are heart defects, infections, hypothyroidism, blood disorders, vision problems, Alzheimer’s, and a few other problems† (Associated Conditions). However, not every individual that have Down syndrome are faced with these health problems. In most cases, Down syndrome babies are born to women who are much older when they give birth. People with DownShow MoreRelatedDown Syndrome : A Genetic Disorder1443 Words   |  6 PagesDown syndrome is a genetic disorder that affects a person’s facial features and intelligence. Down syndrome is also commonly known as Down’s syndrome, Trisomy 21, Trisomy G, 47,XX,+21, or 47,XY,+21. In 1866, English physician John Langdon Down is known as the â€Å"father† of Down syndrome. He was given that title for his publication of an accurate description of a person with Down syndrome, hence the reason why the disorder was named after him; although, this disorder was known as â€Å"Mongolism† until theRead MoreThe Genetic Disorder of Down Syndrome1238 Words   |  5 Pagesâ€Å"Noo Why my baby,† this mother has just been given the news that her child has been diagnosed with Down Syndrome. Her child was one of many who will have trouble reading out loud or to even communicate. Who will grow up with not knowing if today will be a good day or not. Down Syndrome is just one case of genetic disorder. There are so many all over in the world and many doctors still don’t even know what to call them. Some don’t even know they have a disease in them till its too late, or otherRead MoreDown Syndrome : Genetic Disorder1293 Words   |  6 PagesDown syndrome is a genetic disorder that begins to develop at the cellular level after conception. All the cells in the human body contain a center, called a nucleus, in which genetic code of each human being is stored. This genetic material, known as genes, carries the codes responsible for all our inherited characteristics from the mother and the father. Genes are grouped along rod-like structures called chromosomes. The nucleus of each cell normally contains 23 pairs of chromosomes, half of whichRead MoreIs Down Syndrome A Genetic Disorder?1768 Words   |  8 PagesDown syndrome is a genetic disorder that is common by birth defect due to having an extra chromosome of 21. Down syndr ome causes delay in their development and some level of learning difficulty and has a characteristic facial appearance, and speech complexity. The aim of a person having Down syndrome is to help manage their lifestyles. However managing a person with Down syndrome lifestyle and living to the fullest is absolutely challenging, it will take time, hard work and financial means to makeRead MoreDown Syndrome : Genetic Disorder And The Most Common Autosomal Chromosome Abnormality Essay900 Words   |  4 Pages Down Syndrome Introduction Down syndrome is a genetic disorder and the most common autosomal chromosome abnormality in humans. Down syndrome occurs when an individual has a full or partial extra copy of chromosome 21. This additional genetic material alters of development and causes the characteristics associated with Down syndrome. The primary purposes of this article are to: establish the origin of the term Down syndrome; determine the possible causes of Down syndrome; LikelihoodRead MoreGenetic Disorder And The Human Genome1081 Words   |  5 PagesGenetic Disorder is having to do with your health and body. Some people can get it and some people don’t get it every body is different. Now I am going to tell you what a Genetic disorder is, it’s an illness caused by changes or mutation in a person s DNA sequence. The mutation can be caused by an error of the DNA replication. It can also be caused by other things such as cigarette smoke and exposure to radiation which causes the change in the DNA sequence. Now I’m going to introduce the human genomeRead MoreThe Genetic Disease Of Down Syndrome1484 Words   |  6 PagesScenario Paper: Down Syndrome; Trisomy 21 Michelle Bosserman National University Professor Joan Horvath BIS 405 March 14, 201 Abstract In this paper, the author will analyze the genetic disease of Down syndrome. The author will give a definition of this genetic disorder, and explain some of the characteristics associated. The author will then discuss its scientific causes, and detail both prenatal and birth testing methods availableRead MoreEssay DiGeorge Syndrome- A Genetic Disorder952 Words   |  4 Pages A genetic disorder, such as DiGeorge syndrome, is an illness caused by one or more abnormalities, which can be passed down through parents, DNA, or mutations. DiGeorge syndrome (DGS) is a rare type of a genetic disorder which is caused by the deletion of chromosome 22. DiGeorge syndrome affects many parts of the body and has a prevalence of 1: 4000 The signs and symptoms of DiGeorge syndrome vary from mild to severe. Symptoms can differ depending on how highly the affected areas are and the severityRead MoreNature versus Nurture Debate Essays776 Words   |  4 Pagesversus nurture for centuries. Does genetics or upraising have more effect on a person? Human development is influenced by various things. But nature, genetics, contributes more to development than the environment does. While nurture has some influence, nature has much more. Genes are responsible for altruism, personality is linked to individual genes, and genetic disorders are effects of nature that can cause drastic differences in quality of life. Genetics determine more of human developmentRead MoreThe Genetic Disorder Of Trisomy 211481 Words   |  6 PagesThe genetic disorder of Trisomy 21, or Down syndrome is one that has often interested me. I understand that many children born with his genetic disorder can in fact live a full life, often with assistance. When answering the question of what exactly Down syndrome is, a good definition can be one describing this disorder as a genetic condition where a person has an extra 21st chromosome. The typical person has 46 chromosomes, therefore the person born with Down syndrome has 47. This extra chromosome

Tuesday, December 10, 2019

Deteriorating Patient Suffering from Sepsis Sample for Students

Question: Develope a Profile of a Patient Presenting to a Health Care facility with Sepsis. Answer: Introduction: Mr. A, a 70 year old male was admitted to emergency department by his son. His son told nurse that 15 days back he was cutting vegetables in their garden and accidently he cut his fingure. He carelessly washed the bleeding fingure, covered it with small piece of cloth and continued working. Next day, he removed piece of cloth from fingure and observed that wound was open and it was moist. After two days, fingure was swollen and red. He visited nearby physician. Physician prescribed him with broad spectrum antibiotic, however he discontinued it after two days. On the arrival in the emergency department, his son explained that Mr. A is having high fever and he is behaving like confused person since last two days. His history indicates that he is suffering through cancer since last two years and type 2 diabetes mellitus since last ten years. Currently, he is on the medications like metformin for type 2 diabetes mellitus and cisplatin for cancer. In the initial assessment, it was observe d that his vital signs are deviating from normal values. His temperature was 40.2 ?C, his respiratory rate was 25, his blood pressure was 86/62 mmHg and pulse rate was 114. Blood culture identified E. coli infection. All these information indicate he has developed septic shock. For initial management, he was given appropriate antibiotic and kept on ventilation. Definition and two diagnostic criteria: Sepsis is defined as devastating response of body to the infections which may lead to the tissue damage, organ failure and consequently death of the person (Singer et al., 2016). In the initial assessment, it was observed that Mr. A has increased pulse rate (114) and increased breathing rate (25). These are the prominent symptoms of sepsis. In sepsis due to coronary dysfunction there is insufficient blood flow. This insufficient blood flow leads to the increased pulse rate and respiratory rate. Due to less blood flow there is reduced blood pressure in the patient with septic shock. Due to less circulating volume of blood, there is less venous return. When blood gets ejected from the heart, elastic fibers present in the arteries are helpful in maintaining high pressure gradient. This high pressure gradient is due to the expansion of arteries for accommodation of blood and again they recoil. This sequence of expansion and recoiling is measured as pulse rate. If cardiac output is more a nd systolic pressure is high, then pulse is strong. In case of septic shock there is less cardiac output and low systolic pressure. It indicates weak pulse. This weak pulse increases its frequency to maintain normal pressure in the blood vessels. Thus, in septic shock patients pulse rate is rapid due to less circulating blood and hypotension (DellaVolpe et al., 2015). This less circulating blood also leads to the pulmonary complication. Due to less circulating blood, there is less oxygen supply to the tissues. Due to less oxygen supply to the tissues oxygen desaturation occurs. Due to oxygen desaturation, there is decreased amount of oxygen and increased amount of carbon dioxide in the blood. For proper functioning of tissues and organs, optimum level of oxygen is required in the blood. Lung tries to maintain this normal level of oxygen through respiration. Lung put extra efforts to inhale oxygen and exhale carbon dioxide. As a result there is increased respiratory rate in patients with septic shock. In this case arterial blood gas (ABG) test should be performed in patients with hypoxia. This test measure pH, oxygen and carbon dioxide level in the blood. ABG test evaluate capability of lung to transfer oxygen to the blood. Less supply of blood to the tissues is termed as hypo-perfusion and it is due to hypovolemic shock. Common symptoms of hypovolemic shock are hypotension, rapid heart rate (tachicardia) and dizziness. Due to less supply of oxygen to the cells and tissues, there is lactic acid fermentation in the cells. It leads to the accumulation of lactate in the cells which is termed as lactic acidosis (Kim and Hong, 2016; Gajic et al., 2011). Assessment in emergency department: Complete blood cell (CBC) count and differential count was performed in Mr. A. This test gave estimation of red blood cell, white blood cell, hemoglobin and platelets. This test gave idea about infection in Mr. A. Test for serum electrolyte levels was carried out. Renal and hepatic function tests were carried out to understand functioning of kidney and liver. Kidney function test was carried out by blood tests for urea and creatinine levels. Hepatic function test was carried out by blood test for alanine aminotraseferase (ALT) and aspartate aminotraseferase (AST). Coagulation status in Mr. A was evaluated by calculating prothrombin time and activated thromboplastin time. Amount of oxygen, carbon dioxide and acidity were measured by applying arterial blood gas analysis. This test was performed because respiratory rate in Mr. A was increased due to hypoxia. Serum lactate test was performed to assess hypoperfusion in Mr. A. Due to less cardiac output, there is possibility of hypoperfusi on of tissues in Mr. A. Urine analysis and culturing of urine sample were performed to detect urinary tract infection. Blood culture was performed to detect presence of microbial infection in Mr. A. This test was useful for the initiation of the antibiotic therapy based on the type of detected bacteria (Reinhart et al., 2012; Khardori, 2014). Initial interventions: Antibiotic therapy was initiated in Mr. A immediately within 1 hr of diagnosis of septic shock. Initial therapy was started with broad spectrum antibiotic without waiting for detection of specific microorganism. Levofloxacin was administered because of its usefulness in gram positive and gram negative bacteria. It is also useful in cases of pneumonia. Later, it was observed that Mr. A was detected with E.coli infection. After detection of E.coli infection, Mr. A was administered with third generation cephalosporin like ceftriaxone (Yealy et al., 2014). Mr. A developed respiratory distress due to septic shock. This respiratory distress is due to the diffuse alveolar damage, acute lung injury and mild acute respiratory distress syndrome. Mr. A had rapid breathing rate due to hypoxemia. Hence, Mr. A requires intubation and mechanical ventilation for optimum respiratory support. This ventilation was considered in the initial phase after diagnosis of septic shock. Supplemental oxygen was given to Mr. A though oxygen mask with flow rate of 2 l/min. Ventilation was provided with suitable sedation because it reduced work of breathing in Mr. A. As a result, it reduces metabolic demand for breathing in case of Mr. A. Low tidal volume was kept at the time of artificial ventilation because it reduces, alveolar overdistention and repetitive opening and closing of alveoli at the time of artificial ventilation. This collapse of alveoli was prevented by applying positive end-expiratory pressure (PEEP) (Ranieri et al., 2012; Yealy et al., 2014). Pathophysiology and assessment: Pathophyiology of septic shock is very complex and it is not completely understood. Inflammation and coagulation plays prominent role in the pathophysiology of septic shock in response to the infection. Gram-positive bacteria are the major cause of septic shock followed by gram-negative bacteria and fungal infections. Circulating proteins in the body interacts with infected microbial proteins. It leads to the chain of events which results in the release of both proinflammatory and anti-inflammatory mediators. In the event of inflammatory phase complement system also get activated. Mediators of the complement system produces endothelial damage and hypotension. Due to infection and flowed by inflammation there is increase release of acute phase inflammatory mediators like C-reactive protein, proinflammatory cytokines like tumor necrosis factor- (TNF-), interleukin-1 (IL-1), interleukin-6 (IL-6), markers for nitric oxide production like plasma methemoglobin and nitrite/nitrate concentra tions (Cinel and Opal, 2009). Cardiopulmonary changes are the prominent changes occur is septic shock. Initial phase is the vasodilatation phase which is termed as warm shock. In this phase there are warm extremities, little systemic resistance, elevated or optimal cardiac output, optimal or lesser blood pressure and elevated pulse pressure. Reduced venous return in the early phase of sepsis lead to increased level of catecholamines. This lead to the increased adrenergic response and consequently cardiac contractibility and heart rate. In progressive sepsis, mitochondrial dysfunction and tissue hypoxia occurs which lead to the decreased levels of adenosine triphosphate formation. This inequality between demand and supply of oxygen lead to cardiac myocytes death. This results in the cardiac dysfunction and there is increased levels of troponin, reduced contractibility, weakned ventricular response to fluid, ventricular dilation and hypotension. In this phase, there is increased capillary permeability which results in the loss of intravascular fluid to the interstitial space. As a result, there is loss of intravascular fluid. Later phase is the vasoconstricted phase in the septic shock. This phase is marked with cold extremities, hypotension, little pulse pressure and reduced cardiac output. In this phase there is reduced myocardial contractibility, loss of intravascular fluid and peripheral vasoconstriction (Schuetz et al., 2011). TNF- produced due to infection and inflammation is responsible for the decrease in myocardial function. TNF- also produces vasodilatation and decrease in the cardiac contractibility. This action occurs due to the increase in the cGMP level due to the increased nitric oxide production (Kothari et al., 2012). Peripheral oxygen supply is reduced in the patients with septic shock due to less circulating blood. Lung would not be able to exchange enough oxygen at the capillaryalveoli interface. This results in the hypoperfusion at the tissue level. Due to less oxygen at the tissue level, lung initiates compensatory mechanism. Bu virtue of this compensatory mechanism, lung starts breathing at the faster rate to supply more amount of oxygen to the lungs. Hence, in septic shock patients there is increased breathing rate. Assessment findings indicating patient is safe: For the transfer of the patient to the ward two clinical conditions were identified as indicators of safety of Mr. A. These conditions were blood pressure and respiratory rate. After initial treatment to Mr. A, it was observed that his blood pressure and respiratory were improved. His measured blood pressure was 116/78 and respiratory rate was 18 breaths per minute. There was improvement in the breathing rate in Mr. A because he kept on the ventilation with oxygen supplementation. Due to this, his oxygen saturation level improved. His Po2 level observed was 93 %. As result, his lung needS not to breathe faster to deliver more amount of oxygen to the blood and tissues. His pulmonary function test also was performed. This pulmonary function test includes spirometric measurement of expiratory reserve volume (ERV), forced vital capacity (FVC), forced expiratory volume in 1 second (FEV1), forced expiratory flow 25% to 75% (FEF25-75), functional residual capacity (FRC), residual volume (RV ), peak expiratory flow (PEF) and total lung capacity (TLC) (Gold and Koth, 2016; Scanlon, 2016). Measurements in these tests were normal. Blood pressure measurement for Mr. A was performed using sphygmomanometer. There was recovery in the hypotension because infection in Mr. A was recovered. As a result, there was less secretion of inflammatory mediators and nitric oxide. Less release of nitric oxide increased blood pressure from hypotension to normal level (Kothari et al., 2012). Findings indicating patient is detoriating: Deteriorating conditions observed in Mr. A were disturbed mental status, impaired renal function and impaired hepatic function test. Renal output was measured in Mr. A in previous 18 hours. It was observed that no urine was passed in previous 18 hours and it was measured less than 0.5 ml/kg/hour with the help of catheter. Glomerular filtration rate was very less in Mr. A. According to literature urine output is variable in patients with less glomerular filtration rate. It can vary for oliguria to high urine output. It reflects urine output is not solely dependent on glomerular filtration rate, however it depends on difference between glomerular filtration rate and rate of tubular reabsorption. Decreased urine output mainly occurs due to dehydration, kidney failure, hypovolemic shock, multiple organ dysfunction syndrome and urinary tract infection (Dennen et al., 2010). Out of these kidney failure, hypovolemic shock and urinary tract infection were observed in Mr. A. Hepatic function test can also get affected in patients with septic shock. Hepatic function was assessed by performing blood tests for ALT and AST. Hepatotoxicty reflects reduced metabolic capability of Mr. A. This reduced metabolic activity leads to the improper digestion of the consumed food and impaired elimination of waste products. This impaired elimination lead to the accumulation of toxic waste in body. This toxic waste material adversely affects proper functioning of the body. Adult patients with septic shock generally develop depression, stress and anxiety. Mr. A also exhibited symptoms related to mental disorder. This may be due to improper functioning of the organs and difficulty in normal living. Mr. A is confused about his thoughts and he developed memory loss. He was also facing problem in sleeping because of stress (Mayr et al., 2010; Iwashyna, 2010). Inotropic therapy (Management) : In septic shock, systemic infection leads to the hypotension. This hypotension is unresponsive to the fluid resuscitation. Along with infection control, initial management goal of the septic shock patient is to maintain normal blood pressure and cardiac output. In unusefulness of fluid resuscitation, vasopressor or inotropic therapy can be effectively used to maintain optimum hemodynamic condition (Dellinger et al., 2012). Several studies were carried out for the effectiveness of vasopressors like norepinephrine, dopamine, epinephrine, vasopressin, phenylephrine and inotropes like dobutamine, milrinone. Role of vasopressor agents in the septic shock is to improve blood pressure. Norepinephrine stimulate -adrenergic and -adrenergic receptors thereby increasing vasoconstriction, cardiac contractibility and heart rate. Dopamine stimulate dopaminergic receptors and increase renal perfusion. Norepinephrine and dopamine are considered as the first line therapy for septic shock, however use of norepinephrine is more because of its fewer side effects. Moreover, effect of norepinephrine is stronger and consistent as compared dopamine. Epinephrine is used as alternative to the norepinephrine and acts by same mechanism. Epinephrine increases arterial blood pressure, cardiac output and vascular tone. One study indicates that epinephrine has more side effects as compared to the norepinephrine. Patients treated with epinephrine exhibited more lactic acidosis and tachycardia. Vasopressin produces actions like vasoconstriction, adrenocorticotropin hormone release and water retnetion. Vasopressin also activated oxytocin receptors which induces vasodilatation. Some studies indicated that vasopressin is useful in reducing dose of norepinephrine (Vasu et al., 2011; De Backer et al., 2012). Vasopressin also increase creatinine clearance and urine output. Most of the research indicated that vasopressin is a rational second line therapy for septic shock in patients where nonepinephri ne is ineffective. Inotropic agents can be used alone or along with existing vasopressors. Dobutamine is useful in to relieve signs of hypoperfusion. Invasive monitoring: Pulmonary artery catheterization was used for obtaining hemodynamic information of Mr. A. It is a flow directed and balloon shaped catheter. This catheter is mainly useful for investigating complications due to acute myocardial infarction. Cardiac output can be measured using pulmonary artery catheterization by application of thermodilution technique. Gold standard for measuring cardiac output is electromagnetometry of aortic blood flow. In studies, it has been found that pulmonary artery catheterization exhibited good correlation with electromagnetometry. In septic shock patients continuous monitoring of cardiac output is very necessary. Hence, pulmonary artery catheterization can be effectively used in septic shock patients because it is a simple measurement technique, it provides calibrated continuous cardiac output, pulmonary artery pressure, pulmonary artery occlusion pressure and mixed-venous oxygen saturation (Velissaris et al., 2016). Conclusion: Mr. A, a 70 year male was admitted to emergency department with the complain of fever and confused state. Description by his son revealed that he might develop infection due to cut in his fingure. However, he discontinued it after consumption for short span. Preliminary evaluation revealed that he had E.coli infection. Also, his vital signs like temperature, respiratory rate, blood pressure and pulse rate indicated that he had septic shock. In the emergency department, preliminary treatment was initiated for him. This treatment comprises of antibiotic treatment and supplementation of oxygen through ventilation. After preliminary treatment, it was observed that his condition was improving and he was more stabilized as compared to the earlier condition. Normal values obtained for blood pressure and respiratory rate were considered as safe parameters for transfer to ward from emergency department. In septic shock, there are more chances of multiple organ dysfunctions. In Mr. A also psyc hological, renal and hepatic dysfunction was observed. It indicates his condition was detoriating. Inotropes and vasopressors can be effectively used in the management of septic shock patient. In summary, condition of septic shock patient detoriates very rapidly and careful monitoring and management required in these patients. ISBAR Handover: Introduction Myself Ms. B, Residential Nurse in Emergency Department to head of Ward. Patient is Mr. A, Age - 70yrs., male admitted to Dr. Z in emergency department. Situation Mr. A was admitted to emergency department with fever and confused state of mind. Now he is stabilized and need to transfer to ward for further monitoring. Background Mr. A is suffering through septic shock due to infection in the fingure. He was having fever, high pulse rate, low blood pressure and high pulse rate. History of cancer and type 2 diabetes mellitus. He is on medications like metformin, cisplatin and ceftriaxone. Assessment Blood pressure and respiratory rate were measured after treatment with ceftriaxone. There is improvement in both the parameters. Recommendation We need to send Mr. A to ward for further monitoring. References: Cinel, I., and Opal, S.M. (2009). Molecular biology of inflammation and sepsis: a primer.Critical Care Medicine, 37(1), 291-304. Dellinger, R.P., Levy, M.M., Rhodes, A., Annane, D., Gerlach, H., Opal, S.M., et al. (2013). Surviving sepsis campaign: international guidelines for management of severe sepsis and septic shock: 2012.Critical Care Medicine, 41(2), 580-637. DellaVolpe, J.D., Moore, J.E., and Pinsky, M.R. (2015). Arterial blood pressure and heart rate regulation in shock state. Current Opinion in Critical Care, 21(5), 376-80. Dennen, P., Douglas, I.S., Anderson, R. (2010). Acute kidney injury in the intensive care unit: an update and primer for the intensivist. Critical Care Medicine, 38(1), 261-75. De Backer, D., Aldecoa, C., Njimi, H., and Vincent, J.L. (2012). Dopamine versus norepinephrine in the treatment of septic shock: a meta-analysis. Critical Care Medicine, 40(3), 725-30. Gajic, O., Dabbagh, O., Park, P.K., Adesanya, A., Chang, S.Y., Hou, P., et al. (2011). Early identification of patients at risk of acute lung injury: evaluation of lung injury prediction score in a multicenter cohort study. American Journal of Respiratory and Critical Care Medicine, 183, 462470. Gold, W.M., and Koth, L.L. (2016). Pulmonary function testing. In: Broaddus VC, Mason RJ, Ernst JD, et al, eds. Murray and Nadel's Textbook of Respiratory Medicine. 6th ed. Philadelphia, PA: Elsevier Saunders. Iwashyna, T.J., Ely, E.W., Smith, D.M., and Langa, K.M. (2010). Long-term cognitive impairment and functional disability among survivors of severe sepsis. Journal of the American Medical Association, 304(16), 1787-94. Khardori, N. (2014). Sepsis: Diagnosis, Management and Health Outcomes. Nova Science Publishers . Kim, W.Y., and Hong, S.B. (2016). Sepsis and Acute Respiratory Distress Syndrome: Recent Update. Tuberculosis and respiratory diseases, 79(2), 5357. Kothari, N., Bogra, J., Kohli, M., Malik, A., Kothari, D., Srivastava, S., et al. (2012). Role of active nitrogen molecules in progression of septic shock.Acta Anaesthesiologica Scandinavica, 56(3), 307-15. Mayr, F.B., Yende, S., Linde-Zwirble, W.T., Peck-Palmer, O.M., Barnato, A.E., Weissfeld, L.A., et al. Infection Rate and Acute Organ Dysfunction Risk as Explanations for Racial Differences in Severe Sepsis. Journal of the American Medical Association, 303(24), 2495-2503. Ranieri, V.M., Rubenfeld, G.D., Thompson, B.T., Ferguson, N.D., Caldwell, E., Fan, E., et al. (2012). Acute respiratory distress syndrome: the Berlin Definition.Journal of the American Medical Association, 307(23), 2526-33. Reinhart, K., Eyrich, K., and Sprung, C. (2012). Sepsis: Current Perspectives in Pathophysiology and Therapy. Springer Science Business Media. Scanlon, P.D. (2016). Respiratory function: mechanisms and testing. In: Goldman L, Schafer AI, eds. Goldman's Cecil Medicine. 25th ed. Philadelphia, PA: Elsevier Saunders. Singer, M., Deutschman, C.S., Seymour, C.W., Shankar-Hari, M., Annane, D., Bauer, M., et al. (2016). The Third International Consensus Definitions for Sepsis and Septic Shock (Sepsis-3).Journal of the American Medical Association, 315(8), 801-10. Schuetz, P., Jones, A.E, Aird, W.C., and Shapiro, N.I. (2011). Endothelial cell activation in emergency department patients with sepsis-related and non-sepsis-related hypotension.Shock, 36(2), 104-8. Vasu, T.S., Cavallazzi, R., Hirani A, et al. (2011). Norephinephrine or Dopamine for Septic Shock: A Systematic Review of Randomized Clinical Trials. Journal ofIntensive Care Medicine, 27(3), 172-178. Velissaris, D., Karamouzos, V., Kotroni, I., Pierrakos, C., and Karanikolas, M. (2016). The Use of Pulmonary Artery Catheter in Sepsis Patients: A Literature Review. Journal of Clinical Medicine Research, 8(11), 769776. Yealy, D.M., Kellum, J.A., Huang, D.T., et al. (2014). A randomized trial of protocol-based care for early septic shock. New England Journal of Medicine, 370(18), 1683-93.

Monday, December 2, 2019

The Genetics of Homosexuality free essay sample

This paper examines how sexual orientation is a result of genetics. This paper examines the causes of sexual orientation and cites many sources that indicate that homosexuality is a biological condition related to a region on the bottom of the X chromosome in the homosexual male. As the 20th century gradually becomes a smaller and smaller object in the rear view mirror of time, societys tolerance of discrimination based on ones sexual orientation is rapidly decreasing. While it may seem that homosexuality and bisexuality are relatively new compared to heterosexuality, this is not the case. This popular misconception is likely do to an increased presence and awareness of persons with these minority sexual orientations due to societys more tolerant attitude. In reality, it is likely that homosexuals and bisexuals have been around since the dawn of man; however, most were forced to hide their sexual orientation for thousands of years because of societal pressures. We will write a custom essay sample on The Genetics of Homosexuality or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page In fact, homosexuality and bisexuality did not begin with the evolution of humans. Despite the widely accepted belief that animals do not exhibit homosexual behavior, one of the main arguments behind the belief that homosexuality is somehow unnatural, scientists have found evidence of homosexuality in over 450 species of animals (Price, 1999). Therefore, if humans evolved from animals that have heterosexual, bisexual, and homosexual individuals, it would be expected, or at the very least not surprising, that humans would also exhibit these sexual orientations.

Wednesday, November 27, 2019

Assessment of LW7082 Corporations and International Business Law Essay

Assessment of LW7082 Corporations and International Business Law Essay Free Online Research Papers Assessment of LW7082 Corporations and International Business Law Essay Discuss the development of the EC programme for the harmonization of Company Law. Explain why that programme was seen as important to the economic development of the European Community and outline the various successes and obstacles encountered by that programme. INTRODUCTION The European Community is also a community of laws. The aim of the harmonisation of laws in the European Community is not focused on the creation of one single European Law in contrast to the Member States. Instead, it focuses on the harmonisation of the national legal system only to the extent which is required for the functioning of the common market. The harmonisation of Company Law was regarded as an essential part of this process. As a result, Company Law is one of the most harmonized legal areas in the European Community. This essay will be mainly divided into three Chapters: First, a brief introduction about the development of EC programme for the harmonization of Company Law. Second, analysis and consideration will be given to explain why this harmonization programme was seen as important to the economic development of the European Community. Finally, discussion will focus on the successes the Company Law harmonization programme has achieved and the obstacles it encountered. CHAPTER 1. DEVELOPMENT OF THE EC COMPANY LAW HARMONISATION PROGRAMME The development of the harmonization programme of Company Law in EC can be regarded as the issuing of a series of directives and their applications within EC member states. By harmonizing the company law, the subject was, as Scmitthoff defined as â€Å"salami tactics†, divided into numerous fields, each being regulated by a separate directive. But before we look into those directives, which form the development of EC Company Law harmonization, the legitimate basis of these directives deserves a mention first. 1.1 The legal Foundation of EC Company Law Harmonization The legitimacy of the company law of Europe must be found in the authorizing treaty provisions. The Treaty basis for the company law harmonization programme is particularly Article 44(2) (g) (formerly 54(3) (g)) and, more generally, Articles 94, 95, 293 and 308 (formerly 100, 102, 220 and 235) of the Treaty of Rome. However, the Article 44(2) (g) is of significant importance and plays the primary roles among others, since the majority of the legal bases on Company Law area has been based on that Article. Article 44 (2) (g) set in Chapter 2, â€Å"Right of establishment†, in TITLE III, â€Å"Free movement of persons, services and capital†, provides: â€Å"2. The Council and the Commission shall carry out the duties devolving upon them under the preceding provisions, in particular: †¦ by coordinating to the necessary extent the safeguards which, for the protection of the interests of members and other, are required by Member States of companies or firms within the meaning of the second paragraph of Article 48 with a view to making such safeguards equivalent throughout the Community; † Article 94, set in the chapter on the approximation of laws, require the Council, acting unanimously, to issue directives â€Å"for the approximation of such laws, regulations or administrative provisions of the Member States as directly affect the establishment or functioning of the common market.† 1.2 The Directives of Harmonization Programme of EC Company Law According to Article 44, the Council shall act in the fields which that Article covers by way of directives. But in the first stage of EC Company Law Harmonization Programme, it is as always, when the harmonization of laws is attempted, progress was very slow and involved great effort. The first Commission Proposal for a Publicity Directive dates from the beginning of 1964, and the issuing of this First Directive in 1968 marked the beginning of the EC harmonization in Company Law. The first directive sought to harmonize publicity requirements applying to companies, the circumstances in which company transactions will be valid and the rules relating of the nullity of companies. Eight years later, the 2nd Directive followed dealing with the formation of public limited liability companies and the maintenance and alteration of their capital. In tenor and approach it differs from the First Directive: many of the provisions lay down detailed procedural requirements rather than simply directing the Member States to legislate to a certain end. Thus it has been criticized by some commentators for that reason. However the Second Directive is undeniably of major importance, constituting a significant step towards company law harmonization in the European Community. Following the Second Directives, it did not take too long for the Third and Fourth Directives to be issued. The Third company law Directive can be regarded as having presented a new framework for exercising cross-border collaborative economic activities. It provided for co-ordination of procedures applying to internal mergers within a Member States. The Fourth Directive dealt with disclosure of financial information and the contents of a company’s annual accounts. It complements the First Directive and is supplemented by the Seventh Directive which deals with group accounts. After that, it took another six years until the Sixth, Seven and Eighth Directives came into force. The Sixth Directive 1982 (on division of public companies) deals with the division of an existing public company into entities. The allocation of assets and liabilities among the various beneficiary companies require specific provisions to protect creditors. Member countries are not obliged to introduce this form of reconstruction but, if it is used, the process must be in conformity with the Directive. The Seventh Directive specifies how and in what circumstances consolidated accounts are to be prepared and published by companies with subsidiaries. The Eighth Directive deals with the qualifications and independence of auditors of both public and private companies. It places an obligation on Member States to ensure that auditors are independent and properly carry out their task of auditing company accounts. From the long-lasting intervals of issuing these Company Law Directives mentioned above, we can see that the process of the first stage of EC company law Harmonization programme was slow. In the beginning of the harmonization process only six Member States with six legal systems and traditions had to be considered. The legal system of these Member States based mainly on common continental European legal principles. Later, with the expansion of the European Community, the legal systems of new Member States had to be considered. Hence, the process of harmonization became more difficult. However, until 1984 still five more directives followed. In 1985 the Commission made a new start, and company law developments were given renewed momentum. In a way, this is rather surprising, for â€Å"the White Book decided upon a new approach to harmonization, i.e. abandoning the idea of uniformity and attributing equal value and mutual recognition to national legal provisions instead.† Ha ving written â€Å"less harmonization† upon its banner, the Commission paradoxically achieved more progress with general, and particularly company law harmonization than anyone had previously considered possible. So, after 1984 the harmonization process came to a turning point. As a result the Eleventh Directive and the twelfth Directive were passed in 1989. The Eleventh Directive mainly deals with disclosure requirements in respect of branches opened in a Member State by certain types of companies governed by the law of another state. The Twelfth Directive allows the operation of one-member private companies. Although both directives had considerable implication on German Corporate Law they were of a less general and fundamental approach than the First Directives. So far, there are five more directives that have not yet been passed by the European legislators. The Draft Fifth Directive dealing with corporate structure and worker participation has been the subject of much controversy. One of the most difficult topics in the Fifth Directive is the latter one, â€Å"employee participation in corporate decision-making†. The Draft Ninth Directive deals with certain aspects of groups of companies and the relationship between the participating corporations. The Proposed Tenth Directive concerns cross-border mergers and is progressing no further because fears have been expressed that a cross-border merger could be a way of escaping from worker participation provisions. The Proposed Thirteenth Directive deals with takeovers and is influenced by the City of London takeover code. Finally, the Proposed Fourteenth Directive deals with the Relocation of Registered Office. Besides these Directives known under their numbers, there are some other directives which played a very important role in the EC Company Law Harmonization. For example, The Major Shareholdings Directive focuses on the disclosure of interests in shares. The Insider Dealing Directive, which was implemented in the United Kingdom by Part V of the Criminal Justice Act 1993, with its concise provisions to deal with share market abuse in general and to improve enforcement, virtually placed the investors on an equal footing. Also, a Directive was proposed in 2001 to deal with share market abuse in general and to improve enforcement. From analyzing those directives in EC Company Law Harmonization Programme, it is obvious that a lot of achievements have been made, such as nullity, minimum capital, disclosure and publicity requirements, mergers of public companies and accounts. However, it is still too early to regard that this programme as successful. Some controversial areas such as management structure, employee participation, groups and international mergers?are still pending. They are what EC and Member States should work on in the future of harmonization programme. 1.3 The suitability of directives as the instrument of harmonization By virtue of Article 54 of the Treaty, the Council, in order to attain the effectiveness of the freedom of establishment, â€Å"shall act by means of directives†. The use of the directive as an instrument has both advantages and disadvantages. Traditionally, the general view is that the advantages predominated. These advantages are flexibility and greater freedom of movement for member states, which makes it easier to introduce Community rules into their national laws. This flexible character of directive has many advantages: in a multicultural, multilingual economic area, agreements on common principles of Company Law can be reached without having to agree about the precise wording in the actually applicable provision. It allows bridging the considerable differences in the legislative traditions of the Member States, and also allows each state to use its own wording and language, as the directive only binds as to its result, not as to its forms and methods. For these and ot her reasons, there is a greater readiness to agree upon directives. As Hopt wrote: â€Å"the use of directives does, of course, not preclude the possibility of very detailed regulation, nor does it mean that national legislators may not be well advised in particular cases to follow the text of the directives more or less verbatim. The directive may also go into so much detail that member states have little practical alternative to taking over the directive verbatim.† On the other hand, the Directives still bear some disadvantages as well. The problem arises especially when we look into those particular areas which require comprehensive regulations. Although the directives leaves a degree of discretion to Member States for its transformation, many of them lay down merely the minimum standards to achieve the result specified in those directives. Some of them, such as the Fourth, Seventh and Twelfth Directives, are in the form of a framework for the regulation of a particular matter, as Member States may well introduce additional provisions to create differences between national laws. This fact will inevitably raise the problem of â€Å"blocking effect† from Company Law directives. That is, on the one hand, those directives must be detailed in order to cover multiple aspects of particular matters. However, the detailed provisions may lead to a â€Å"block effect†. Additionally, despite the detail in the directives there still exist s ignificant differences between company regimes in Member States. 1.4 Adoption of Regulations in EC Company Law Harmonization Programme The common market implies the creation of Europe-wide companies, which must be able to act throughout the Community in the same way as in their own country. It thus requires making available new forms of association and co-operation. Therefore, the process of harmonization has always been accompanied by â€Å"a process aiming at the creation of supranational regulations†. The use of regulation for harmonization has considerable advantages. Firstly, unlike the directive, it does not need, any further implementation at national level, thus avoiding long process of adoption of the Community provision by Member States. Secondly, being directly and equally applicable all over the Community, the regulation serves to ensure the same features all over Europe. Also, some disputes about the interpretation of the regulation ultimately have to be submitted to the European court, leading to a more uniform interpretation. In 1985, with the Regulation on the European Economic Interest Grouping (EEIG) a new model for a supranational corporation was introduced. In order to accelerate the introduction of the EEIG the European legislator focused only on the provisions with European background and therefore the national Corporate Laws of the Member States still apply. It is argued that Due to the application of national law besides the provisions of the regulation, the EEIG could not provide the sufficient flexibility and legal certainty that was expected by introducing supranational corporations. At the conference of Nice in December 2000, the Member States finally agreed on the introduction of the European Company or Societas Europaea (the â€Å"SE†). The Regulation on the Statue for a European Company has been adopted by the Council on 8 October 2001. Its virtue is to provide companies that want to act or establish themselves in another Member State with the option of being subject to one set of legislation. Besides these two most important regulations mentioned hereinabove, other Regulations, such as Insolvency Proceedings Regulation and International Accounting Standards Regulation, also make considerable contribution to the EC Company Law Harmonization Programme. CHAPTER 2. The reasons why EC Company Law Harmonization Programme was seen as important to the economic development of European Community Article 2 of the Treaty indicates that its footstone and aim are the establishment of a common market. For that purpose, the activities of the Community are to include the abolition as between Member States, of obstacles to the free movement of goods, persons, services and capital and the approximation of the laws of Member States to the extent required for the functioning of the common market. The divergences in national laws among Member States will cause a lot of problems and can frustrate the functioning of the internal market. The primary reason is that competition can be distorted. The establishment of companies or other enterprise entities will bring in a lot of relevant attractive economic effectiveness, such as tax revenues, expansion of employment, market development and innovation, shareholder and investor interest, etc. If national company laws governing importance areas of creditor and shareholder protection and company management are fundamentally different, this may be expected to create a European â€Å"Delaware effect†, encouraging the establishment of new companies in those Member States with the most attractive and laxest laws and policy. It will then run contrarily to the economic efficiency, since corporate decisions of cross-border establishment and activities should be solely taken on the economic grounds without being significantly influenced by the relative burden of domestic regulation. Different laws will definitely impose administrative and legal burdens on companies with subsidiaries in several Member States. Once companies are free to move their seat or registered office to another Member State, it should be ensured that members and creditors are not prejudiced by the relocation. With the Harmonization of Company Law in European Community, equivalent creditor and shareholder protection should encourage cross-border credit, corporation and investment, thus the economic development of European Community as a whole can be expeditious and rational. What should be mentioned here is that, regulations play an indirect but important part in the economic development of European Community. For example, The Regulation on the European Economic Interest Grouping (EEIG) has created a new type of co-operation, which enables companies in one Member State to co-operate in a joint venture with companies or legal persons in other Member States. Moreover, European Company Statue Regulation (the SE) is of central importance. It enables companies to act throughout the Community in the same way as in their own country. The regulation, in a sense, can insure that all the Member Countries in EC would have available the same basic structure for a company’s establishment and business, no specific States would prevail over others. In this way, the EC Member States can pursue their economic development in a fair and healthy environment. It can be seen as one of the major successes of that more than 30 years old programme. CHAPTER 3. The Successes and Obstacles of EC Company Law Harmonization Programme As mentioned hereinabove, the aim and virtue of the EC Company Law Harmonization, which are reflected in the provisions of the Treaty, is the establishment of a common market. It can be said that the Programme, from its beginning, focused on â€Å"the prevention of the so-called Delaware-effect in the European Community†. The successes of this Programme are obvious and impressive. 3.1 Adoption and Implementation of EC Directives within national legislation. Most of the directives are agreed and adopted among the Member States, which can be seen as the symbol of the significant realization of EC Company Harmonization. The directives in respect of nullity, minimum capital, disclosure and publicity requirements, mergers of public companies and accounts, have been adopted. Most of them have been implemented within the level of national legislation in either some or all EC Member States. 3.2 The breach of legislative barrier among Member States. As mentioned in CHAPTER 2 of this essay, the process of EC Company Law Harmonization is also a process to break down the legislative barrier among the Member States. The harmonisation programme will directly facilitate the free movement of goods, persons services and capital, which will ultimately benefit the creation of a common market. 3.3 The Achievements of Right of Establishment. Because of the absence of an overriding European regulation and the great importance of this issue for the freedom of establishment of firms in the EU, the European Court of Justice (ECJ) has been confronted with this issue at several occasions. In its first decision (Daily-Mail) of 1989, the ECJ held that the right of establishment does not include the right of a company incorporated under the legislation of a Member State to transfer its central management and control to another Member State. Later, with the judgments of the ECJ in Centros and ÃÅ"berseering cases, the circumstances of an legislative competition have fundamentally changed. Due to the Courts displayed, wider understanding of the right of establishment, companies can now move their central management and control from one Member State without the need for further proceedings. In effect, the ECJ has given the right of establishment a â€Å"radically new, wider interpretation†. A company can now be found in a M ember State without having later any further relations to it, which has been a central obstacle to legislative competition in the past. However, the Harmonization Programme which lasting over the past 30 years has inevitably arise some question and controversies. They laid the stumbling block for further progress of this programme. Certain criticism of the company law harmonization programme has been mentioned above CHAPTER 1.3, in respect of the suitability of directives as the instrument of harmonization. Apart from that controversy, this programme also encountered some other obstacles. 3.4 Inefficiency of Directive Implementation The necessity to implement a directive in order to make it more effective in national law sometimes causes problems of inefficiency. Although the European Court of Justice has recognized the direct effect of directives against Member States, this implementation duty is still a weakness, since directives â€Å"have no horizontal direct effect, i.e. in relations between individuals.† Moreover, since directives are directly addressed to Member States but not to companies directly, directives do not provide directly enforceable rights to the companies, to investors or other stakeholders. 3.5 Comprehension and Communication of legal Concepts. A particular problem in seeking to harmonize the Company laws among Member States with disparate legal traditions is the difficulty in dovetailing legal concepts. A directive may focus on an area in which specific concepts are familiar to one State’s understanding of the law but alien and hard for another legal culture to comprehend. For example, the concept of the company organ introduced into Community company law, which was borrowed from German Law, is familiar to the states whose legislation is originated from the Napoleonic code but uneasy for the United Kingdom to analyze the company transactions within the framework of agency. Also, similar problems arise from the use of terms which may not be sufficiently proximate in the different language versions of a directive and in the Member States’ implementation. 3.6 The restrictions of fields harmonized in Directives Criticisms have been directed at the Commission’s priorities for the subject of adopted directives or the undertakings which are subject to them. For example, the pattern of incorporation as public and private companies in the different Member States is significantly different. The Second Directive, which is restricted to public companies, can obviously distort the harmonizing effect of measures applying only to one category of companies. The United Kingdom and Germany, for example, have relatively small numbers of public compared to private companies. 3.7 The problem of compromises in the EC legislative processes In the beginning of the harmonization process only six Member States with six legal systems and traditions had to be considered. The legal system of these Member States based in part on common continental European legal principles. Due to the growth in number of Member States, compromises have always been difficult to reach. Hence, the process of harmonization faced with stagnation. At the conference of Nice, the Member States tried to handle this problem by simplifying the legislative process. But these amendments and institutional reforms will most likely not be able to solve this stagnation problem. While the future of the following directives and other legislative acts are uncertain, the existing Directives and Regulations about corporate law will- taken by themselves be hard to change. CONCLUSION Having evaluating the EC programme for the harmonization of Company Law, it can be concluded that the overall progress is impressive. However, it is yet too early to say that this programme is an absolute success. The Commission acknowledges that there is much work remaining to be done regarding the legal framework for company law. There still exist the problems such as the complete freedom of establishment of companies â€Å"in a strict sense† , sufficient protection of creditors and shareholders. Moreover, the rules relating to takeovers and the board are important elements of company law, and harmonisation cannot be brought much further before the conflicts in these areas are resolved. What has been achieved so far for this Harmonization Programme will become the history for tomorrow, what should be done now and in future is more important and crucial for legislators to consider, on both European Community and national legal system levels. Taking for reference the past achievement and obstacles, we are awaiting the further progress and achievements of EC Company Harmonization Programme. BIBLIOGRAPHY Christopher Bovis, Business Law in the European Union, London: Sweet Maxwell, 1997 Cagdas Evrim Ergun, The European Community’s Company Law Harmonisation Programme: Successes and Failures C. M. Schmitthoff, â€Å"The Future of the European Company Law Scene† in The Harmonisation of European Company Law, London 1973 C. M. Schmitthoff, â€Å"The Success of the Harmonisation of European Company Law†, (1976) 1 E.L.Rev. 100 â€Å"Consolidated Version of The Treaty Establishing The European Community†? (Available at http://europa.eu.int/eur-lex/en/treaties/dat/EC_consol.pdf) Daniel C. Esty/Damien Geradin (Eds.), Regulatory Competition and Economic Integration. Comparative Perspectives (Oxford University Press: Oxford/New York 2001) Dr. Rob Wilmott, CBE, Co-chairman of European Silicon Structures, speaking at an EEIG conference, Brussels, April 18, 1989 E. Wymeersch, Company Law in Europe and European Company Law, Financial Law Institute, Working Paper Series, April 2001 KLAUS J. HOPT, Company Law in the European Union: Harmonization or Subsidiarity. Roma 1998 (available at http://w3.uniroma1.it/idc/centro/publications/31hopt.pdf) J. Wouters, European Company Law: Quo vadis?, Common Market Law Review, Vol. 37, 2000 Janet M. Dine, The Community Law Harmonisation Programme, European Law Review 1989 R. R. Drury, A Review of the European Community’s Company Law Harmonisation Programme, (1992), Bracton Law Journal, reprinted in Hicks Goo Casebook Sebastian Mock?Harmonisation, Regulation and Legislative Competition in European Corporate Law, German Law Journal Vol.3 No.12-01 December 2002. (Available at germanlawjournal.com/article.php?id=216) Vanessa Edwards, EC Company Law (Oxford University Press: Oxford/New York 1999) Research Papers on Assessment of LW7082 Corporations and International Business Law EssayMoral and Ethical Issues in Hiring New EmployeesPETSTEL analysis of IndiaDefinition of Export QuotasAppeasement Policy Towards the Outbreak of World War 2Influences of Socio-Economic Status of Married MalesAssess the importance of Nationalism 1815-1850 EuropeNever Been Kicked Out of a Place This NiceOpen Architechture a white paperAnalysis of Ebay Expanding into AsiaRiordan Manufacturing Production Plan

Saturday, November 23, 2019

Using science and technology as the measure, when did the modern world begin

Using science and technology as the measure, when did the modern world begin The creation and use of the atomic bomb may be considered as the beginning of the new world if measured by the technology and science as this particular event has created the time line before and after. There are a lot of reasons why this particular event should be considered as the beginning of the modern times, and one of the main reasons is the absence of the way back.Advertising We will write a custom assessment sample on Using science and technology as the measure, when did the modern world begin? specifically for you for only $16.05 $11/page Learn More People are unable to forget about the invention, scientists cannot stop the process of producing the bomb in the world and, therefore, they cannot guarantee that the atom bomb will never be used. It is just possible to remember the events before and during the World War II to understand that the modern world will never be the same as it was when the atom bomb did not exist. One of the sources states, â⠂¬Å"War dominated and can almost be said to have determined global politics in the twentieth century. War strained the empires the Europeans had constructed so laboriously in the nineteenth century. In the first half of the twentieth century, those empires barely endured, and in the second half, they all collapsed† (Fernandez-Armesto 987). War and tension in the relationships between the countries were the main reasons for the burst of innovations and development in the weapon sphere. The arms race was really important for the countries as even because of the Postwar Disillusionment (Fernandez-Armesto 958) after the First World Was and the desire to prevent another conflict, the World War II was inevitable because of the number of reasons. However, the wars cannot be called the beginning of the modern world as many wars were held earlier and the improvement in weapon cannot be considered as the issue. However, atom bomb is another aspect. It is the beginning of the modern worl d as it offers absolutely new level of leading the war and Hiroshima and Nagasaki is a great example. Remembering the history of the creation of the atom bomb, the quite simple story emerges. Being afraid that Hitler will make an atom bomb US and UK decided to work together on the creation of such weapon. Thus, the bomb was created and it was used on Japan.Advertising Looking for assessment on history? Let's see if we can help you! Get your first paper with 15% OFF Learn More The day when atom bombs was used in Hiroshima and Nagasaki is the day of the beginning of the new modern era, the period when the weapon of the mass destruction was applied in the direction of a human being (Hepp 126). Therefore, this events (the creation of the atom bomb) is the beginning of the new modern life due to the fact that this case is crucial. It has made the Japan population to start a new timeline which starts with â€Å"after† the atom bomb use. Dwelling in detail ab out the beginning of a new Age of Atom weapon, the recollections of a person who survived after the attack on Hiroshima in 1945 should be considered. Dr. Michihiko Hachiya remembers that â€Å"Suddenly, a strong flash of light startled me and then another† (Surviving the Atomic Attack on Hiroshima† n.p.). The description reminds about the world creation, when a splash gave birth to the whole mankind. Atom bomb use is really the beginning of the new era, the era when people are o be afraid of the inventions they make, the era where the science begins the main influencing power in economical and political life. Nowadays, each country tries to create something innovation in the world of science as the country development depends on it. Since the creation of the Atom bomb, people are focused on science and the discoveries which are made there in order not to miss the beginning of another, more innovative era. Therefore, it may be concluded that the consideration of the cre ation of the atom bomb as the starting point for the modern world is reasonable. This is the event which has separated the whole history of the mankind on before the atom bomb creation and after it. It is impossible to think about more powerful and determining invention in the scientific world. Considering science as the measure for identifying the beginning of the modern world, it is important to check the discoveries which put the world under the circumstances which cannot be corrected. The invention of the atom bomb is exactly such an event as nowadays this fact makes the whole mankind live in fear and constant tension being afraid that one of the countries will use this kind of weapon. Moreover, there is an idea that the beginning is there where the end is. Such principle works in the labyrinth but it is perfectly fits the situation. Atom bomb creation was the beginning of the world, and it may become the end of the human existence if this kind of weapon is used. Atom bombs are aimed at destroying of everything on the Earth and creation of this type of weapon is by no means the beginning of the modern civilization which may destroy itself.Advertising We will write a custom assessment sample on Using science and technology as the measure, when did the modern world begin? specifically for you for only $16.05 $11/page Learn More Fernandez-Armesto, Felipe. World: Brief History, Combined Vol. New York: Academic Internet Publishers, 2009. Print. Hepp, John H. â€Å"Historical Foundations of the Modern World.† Lectures 6 March 2012. Print. Surviving the Atomic Attack on Hiroshima, 1945, EyeWitness to History, 2011 Web. www.eyewitnesstohistory.com

Thursday, November 21, 2019

Broken Windows Style Policing Research Proposal

Broken Windows Style Policing - Research Proposal Example In order to control and bring communal harmony in communities police are using approaches like the "broken windows policing", order maintenance policing. The study aims to highlight the appropriateness of use of approaches like these towards crime reduction. Research Methodology: In order to conduct the study, research methods such as Survey and Experimentation were used. Survey method is used primarily on the primary data to collect vital information directly from the stake holders (in this case the criminals and convicts) by using direct questionnaire. Experimentation approach is used to observe the relation between the variables and how they are getting affected by changes caused in any one of them. The identified problem in the present case is High crime rate. To facilitate researcher, we need to define the problem clearly, In order to define the identified problem precisely, we normally use exploratory studies, the two important techniques in exploratory studies are secondary data analysis and Pilot studies. Exploratory Study: These are "insights gathered through secondary data possibly from experts" (Business Research Methods, P.34, 35, ICFAI Press Publication). In this case the insights are gathered from Retired police officials, Journalists, writers, articles relating to crime etc. These inputs are gathered to add depth to the study. Pilot Studies: "A Pilot study is an informal way of gathering necessary information from reliable sources" (Business Research Methods, P.34, 35, ICFAI Press Publication). General enquiries carried out in the neighborhoods regarding crime rate in the area and social control measures adapted, use of broken windows policing yielded necessary information. Hypothesis: Null Hypothesis: The impact of broken windows style policing is positive and is suitable for a longer run. Alternative Hypothesis: The impact of broken windows style policing is negative and is not suitable for a longer run. Defining the variables: Dependent variables: In this case the dependent variable is the high crime rate and this variable is metric in nature, measurable. Independent variables: All the factors affecting or causing an influence on the crime rate, such as drunkenness, selling drugs, turnstile jumping etc are independent in nature and are quantifiable, hence metric in nature. Multiple regression is used sine both the variables are metric. Unit of Analysis: Here the unit of analysis is the high crime rate. Sampling Technique Inorder to define sample and type of sample to be chosen I have defined the population from which the sample is chosen. Population: The population consists of number of recorded criminals in city as per the city